The Board found that the veteran's service-connected status post gastric resection, duodenal ulcer and cholecystectomy, with bile reflux and severe heart burn does not meet or approximate the criteria for a rating in excess of 40 percent.
The deciding factor: The evidence did not show symptoms such as hematemesis, melena, nausea, vomiting, anemia, weight loss, hypoglycemic symptoms, or malnutrition that would warrant a higher evaluation under any applicable diagnostic codes.
- Claimed conditions
- status post gastric resection, duodenal ulcer, cholecystectomy, bile reflux, severe heart burn
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 20, 2006
- Citation
- 0601724
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a rating of 60 percent from January 27, 2016 to July 7, 2022 for the Veteran's duodenal ulcer, duodenitis, gastritis, and gastroesophageal reflux disease (GERD).
- Granted
The Board granted a disability rating of 30 percent, but no higher, for the Veteran's service-connected gastritis and duodenal ulcer.
- Partly granted
The Board denied the Veteran's claims for increased ratings and granted service connection for bilateral tinnitus.
- Denied
The Board denied a rating in excess of 40 percent for the Veteran's lumbar spine disability and remanded claims for service connection for restless leg syndrome, cholecystectomy, and right lower extremity radiculopathy.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.